Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB223 Enrolled / Bill

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Regular Session, 2013	ENROLLED
SENATE BILL NO. 223
BY SENATORS MILLS AND JOHNS 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of2
R.S. 34:3551 through 3552, and R.S. 36:509(U), relative to ports; to create the3
Coastal Port Advisory Authority; to provide for the authority's membership and its4
officers; to provide for the duties and functions of the authority; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 34:3551 through 3552, is hereby enacted to read as follows: 9
CHAPTER 51. COASTAL PORT ADVISORY AUTHORITY10
§3551.  Coastal Port Advisory Authority; purpose; legislative findings11
The legislature hereby finds and declares that the development of oil and12
gas resources is essential to promote Louisiana's economic growth and the13
ability of the maritime, oil and gas industries to compete in regional, national,14
and global markets and to provide a high quality of life for the people of this15
state.  The legislature declares and finds the following:16
(1)  The Gulf of Mexico has substantial oil and gas resources.17
(2) Many of these resources are considered to be in the deep waters of18
the Gulf of Mexico.19
(3) Major energy companies are expressing renewed interest in the20
deepwater oil and gas resources of the Gulf of Mexico as expressed in recent21
federal oil and gas lease sales and in budgeted capital expenditures.22
(4) The state of Louisiana was once best suited to serve as the host state23 SB NO. 223	ENROLLED
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for the fabrication of the infrastructure needed to develop shallow and some1
deepwater Gulf of Mexico oil and gas resources because of its competitive2
advantage of world class coastal ports.3
(5) Due to the need for larger and heavier infrastructures to serve the4
continued quest for deep water resources combined with the current limitations5
of Louisiana's coastal ports, the state of Louisiana, and the United States of6
America, are losing market shares, for the fabrication of deep water7
infrastructure projects.8
(6) Economic opportunities and job creation resulting from improved9
coastal port infrastructures could create a renaissance of fabrication resulting10
from the proposed private investment of major energy companies in the11
deepwater resources of the Gulf of Mexico.12
(7)  The state of Louisiana has a great opportunity to fund the greatest13
environmental project of our generation, the restoration of coastal Louisiana,14
from the proceeds of deepwater oil and gas resources as a result of previously15
adopted federal law and certain Louisiana constitutional amendments.16
(8) The state of Louisiana should move aggressively to determine how17
it can best fund improvements to its coastal ports in order to take advantage of18
the pending private sector investments in the deepwater resources of the Gulf19
of Mexico, and, thereby secure itself as the premiere province to host such20
activities, and further secure jobs for its citizens and improvements to the21
quality of life.22
§3552. Coastal Port Advisory Authority; creation; membership; duties and23
functions24
A. The Coastal Port Advisory Authority is hereby created in the office25
of multimodal planning within the Department of Transportation and26
Development.27
B. The authority shall perform its duties and functions through a board28
composed of the following members:29
(1) One member appointed at large by the governor who shall serve as30 SB NO. 223	ENROLLED
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chairman of the authority and have knowledge of the deepwater Gulf of Mexico.1
(2) The governor's executive assistant for coastal activities or his2
designee.3
(3) The secretary of the Department of Transportation and Development4
or his designee.5
(4) The secretary of the Department of Economic Development or his6
designee.7
(5) The secretary of the Department of Natural Resources or his8
designee.9
(6) A representative of the Ports Association of Louisiana selected by its10
chairman of the board of directors.11
(7) One member from each of Louisiana's coastal ports appointed by12
each port's executive director.13
(8) One member from each of Louisiana's deep draft ports appointed by14
each port's executive director.15
C.  The members shall select a vice chairman to serve in the absence of16
the chairman. The marine and rail transportation administrator within the17
office of multimodal planning, Department of Transportation and Development,18
shall serve as secretary of the authority and shall not vote.19
D. (1)  The authority shall be advisory in nature.20
(2)(a) The authority shall research and study economic development21
opportunities available to the state's maritime industries and the needs of the22
oil and gas industry relative to coastal and deep draft ports. The authority shall23
inventory and evaluate the resources and infrastructure of coastal and deep24
draft ports, including existing and future resource and infrastructure needs in25
order to attract business and increase future market shares, identify technical26
research and previously developed information on markets available to coastal27
and deep draft ports, study coastal and deep draft port capacities and28
utilization, identify potential future deficit areas, and investigate incentives for29
coastal and deep draft port development.30 SB NO. 223	ENROLLED
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(b) The authority shall not be eligible to apply for or receive funding1
from the Port Construction and Development Priority Program as provided in2
R.S. 34:3451 et seq.3
(c) The authority shall be prohibited from advising on any matter4
related to the Port Construction and Development Priority Program.5
(3) Not later than May 1, 2015, and not later than May first annually6
thereafter, the authority shall report the progress of its activities to the House7
and Senate Committees on Transportation, Highways, and Public Works.8
(4) The authority may call upon the expertise of others with knowledge9
of Gulf of Mexico deep water exploration and production, including but not10
limited to the Louisiana Mid-Continent Oil and Gas Association, the Louisiana11
Oil and Gas Association, the American Petroleum Institute, the National Ocean12
Industries Association, the Gulf Economic Survival Team, chambers of13
commerce, Louisiana universities, fabrication companies, the Louisiana14
Association of Waterway Operators and Shipyards, the Louisiana River Pilots'15
Association, and port organizations.16
(5) Executive agencies and departments of the state represented on the17
authority may enter into interagency agreements to share costs necessary to18
perform authority duties, functions, and responsibilities.19
E. (1) A majority of the members shall constitute a quorum. A quorum20
being present, the favorable vote of at least a simple majority of the total21
membership present shall be required for the authority to take action on any22
matter.23
(2)  The board shall meet at least once per year, or more frequently as24
necessary, upon call of the chairman.25
(3) Members of the authority shall not receive a salary or26
reimbursement for mileage or expenses incurred for attendance at authority27
meetings from the authority.28
F.  The provisions of this Chapter shall terminate on June 30, 2018.29
Section 2.  R.S. 36:509(U) is hereby enacted to read as follows:30 SB NO. 223	ENROLLED
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§509. Transfer of agencies to Department of Transportation and Development1
*          *          *2
U. The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be3
placed within the office of multimodal planning, Department of Transportation4
and Development, and shall perform its duties, functions, and responsibilities5
in the manner provided by law.6
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: